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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-217 CA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIEK NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/217 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8606,being developed by Oak Treat Court,LLC, Walnut Creek area. (District.III) The following documents were presented for Board approval this date: L. Map The final map of Subdivision 8606, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Oak Treat Court, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year froxri the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public works(ES) Contact: Rich LLaieerly(313-2348) Bv:nn ATTESTED: APRIL 08 2003 G:KGrpDatalEngSve1B012003W-08-03\SUB 8606 BO-21.&X cc. Public work,-T.Bell,Construction JOHN SWEETEN,Clerk of the.Board of Supervisors and Current Planning,Corra,ainiry Devekrpnmt T—02-os-04 County Administrator Oak Treat Court,LLC P.O.Box 367 Odnda,CA 94$63 Developera Surety and Indemnity Corgrany By 17780 Fitch,Ste.200 Deputy Irvine,CA 42614 RESOLUTION NO.2oo3/ 217 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8606,bein developed by Oak Treat Court, LLC, Walnut Creek area. (District III) g DATE: April 8, 2003 PAGE: 2 A. Cash Bond Performance amount: $1,841.00 Auditor's Deposit Permit No. 391439 Date: August 14, 2002 Submitted by: Oak Treat Court, LLC Tax ID Number: 33-0999011 B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 8678695 Date: August 13,2002 Performance Amount: $182,255.00 Labor&Materials Amount: $92,048.00 Principal: Oak Treat Court,LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and that the estimate of the 2003-2004 tax lien is estimated to be$32,400.00, with security guaranteeing payment of said tax. lien as follows: 0 Tax Surety Bond Company: Developers Surety and Indemnity Company Bond Number: 8685065 Date: March 24, 2003 Amount: $32,400.00 Submitted by: Oak Treat Court, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said Final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLLrfioN NO. 2003/217 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SD018606 Principal: QM TREAT COURT LLC Effective Date: ( Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQNTRA QQSTA CQUNTY PRS Maurice M.Shiu,Public Works Director Oak Treat Court,LLC By: it I wA y - (s RECQMMEND>?D F 1 LOVAL { )John F.McGuire-M g Member By: Services Division (sir{nu,ue) (Pct�amaeine) le],� iC d t� G eJ+j2E j3jek5 FO VEb: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corpomticns Code§313.) i• EI;TIEB A DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" _VW'and the above-mentioned Principal mutually promise and agree as follows concerning this subdivision: 2. 1MPROVEMEN16. Principal agrees to install certain road improvements(both public and vats drainage fire hydrants,landscaping and such other improvements(including appurtenant equipment) )'improvement plan ents,signs,stet lights, reviewed and on file with the Contra Costa County Public Works Departmentd in conformance with the Contra Costa County thiss for subdivision Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66414 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3• IMPItOVEA4EPl' OrdinSF(�rddtl �, Upon executing this agreement, Principal shall,pursuant to Government Cade §66499 and the County ance Code,provide as security to the County: A. For Perfo a'nc �nA ri,flron► 1.0 cash,plus additional security,in the amount: $2 $, hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of. which together total one Cash,certified check or cashiers check. _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of thmpletion e work for one year after its coand acceptance against any defective workmanship or materials or any unsatisfactory performance. B. f'or Pavment: Security in the amount; `2 presented in the form of: — ,'Which is fifty percent(SOa/a)of the estimated cost of the work. Such security is Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. 4, GUAR ANTE AND T-Aj&&=OF WORK Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system 5. PLANT F STAB IMMM WORK Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. INT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAWBR BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The jgdemni'es benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. . ....; B. The liabilities protected against are any liability or claim for damage of any land allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSIS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 14. ,STS. Principgl shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PE ORMMCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. tN ORPORA'I'ION/ NNFMMON. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. i LJD.W a-.WkpDa&\Et,ssvcWw=\Ao WOMAG-30.&c Rev. October 24,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of02 q OPTIONAL SECTION County of CAPACITY CLAUMMI)BY SIGNER On 0 before me,--1.>t-• me Ga"a C Though statute does not require the Notary to all in DA TITLE $, + LBC the data below,doing so may prove Invaluable to personally appeared �+ �". _jt ', . persons relying on the document. 4s !V'6" ❑ INDIVIDUAL ❑ personally known to me-OR-❑ proved to me on the basis of astisikettny evidence to ❑ CORPORATE OFFICERS) be the on(s)whose name(s)is/are subscribed to the within instrument and TITMs wrt�gni.rn.rari.r..r.r.a acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED w K. DEGAI N E the same in his/herRheir authorized ❑ GENERAL capacity(ieet),and that by his/her/their COMM. 1242827 ❑ ATTORNEY-IN-FACT NOTARY PUBLIC-CALIFORNIA atgnature(s)on the instrument the person(s)or ❑ TRUSTE S CONTRA COSTA COUNTY .. the entity upon behalf of which the person(&) ) ( acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR My Comm,Expiros Nov.22,2003( J( OTHER: !>A /� " " � -----. • � WINES d and ia1 seal, i SIGNER IS REPRESENTING: a4C fig l NAME OF PMOIAS)Oat ENMYMS)1 NOTAR ice/ ? eA7-eotPtL. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I• FOR I - The name and interest of the signer should be typed or printed BENEATH the signature. The name must signed exactly as it is typed or printed. II. SIUNA31M FOR INDIVIDUA property must be sta . LS-The Warne must be signed exactly as it is printed or typed. The signer's interest in the eau on to sip an m the artnersgtmg pa must be either a general partner or be authorized in writing to have authority gn partnership. IV. §1QNA11=POR CORPQRAnQM Documents should be signed by two officers,one from each of the following two groups. GROUP 1. �a,�The Chair of the Board The Presideat Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two $roups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the rnstrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me 1hat such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." James NPwSMHARDATA\Orptot&\BWvc\Fo sQ WORD PORhW%AB.L NJRPOSn NorARY.doe bb; M b Ids I " b a 6 b bi 1 b +� b � Fb r I Ing I bI � pba b� � b92 bb # R � a tbl � 0a - Hum.-thig 0 so rn allrn �, ib b NO J OK a �S asat b� s ;, � b b bpsi a � v fill' a x r a b ran� a m br b B R b 8 z o o Ilk I Nil AA H!t b — l-3r�r � Eli al12 Ave �►" Vl oil t W t � 1 � � H ♦t ! 1 � I t 1� 1 d v 1 1 +�9 A 6 � r a COUNTY OF CONTRA COSTA •4)&PdSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTI'TJEZ,CALIFORNIA 0 RECEIVED FROM 1 n ORGANIZATION NUMBER n (For Cash Collection Procedures see County Adrninistrotor's Bulletin 105.) DESCRIPTION FUNDJORG Sulk ACCT. TASK OPTION ACTIVITY AMOUNT 1 ?, 1 "100 oL � , ,- (Aw 11 S � c AeE J11- A I<'-E_ LV EXPLANATION J o TOTAL. DEPO7mm ( (� -- r' f' Deposthe items COINNCY S Ds00 CHECC. 5 BANK $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 9 AUG/ �t� A The an xsnt of money described above is far t inta C Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposi aunty reaaury acknowledged z ri Date Title..f=� � T `-' S*Wywd s►s 1.34 REV(7-93) Coun#y Treosuror. T PERM OFFICE OF CUUMf i"TOR-CONTROLLER J'THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER + (For Cosh Co&KSon Procedures we County Administrator's Bulletin t O5.) - DESCRIPTION FUND/ORG SUB. TASK OPTION ACTMTY AMOUNT T S AM 3 ,'5 r �aV41 11 r -A I I I I A r r r r r r .. r r i , i r i r 4 r r , r r r EXPLANATION: TOTAL , DEPOSIT r consists of the WOWbvitr>g COIN dy,C.� . i CK-cm kc4 Ex SANK DEPOSITS - FOR AUDITOR-CONTROLLER WE MY DEPOSIT PERMIT NUMBER.NUMW . �1 DATE ASSIGNED The Into County. ury. amount depa of.monry above.it far deposit Treasurer's receipt of above amount is approved. Receipt of abow amount is hereby �y •sa REV C7- ' C«+rty Fn�asvrr.. 000649-9665 / 831000: 61093856, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11,784.00, SUB 8606 Inspection Fee Deposit 828800-0800: 61094041, $11 684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: 01094041, $894.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800: G1093848, $14.990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1093850, $44,330.00, RA 1123 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon ##310; San Ramon, CA 94583 819800-0800: G1093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1093854, $1,,841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800: G1093857, $15.000.00, FC Permit #617-00 Cath,Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 Subdivision: 8606 Bond No.: 8678695 Premium: $3, or a term o ne (01) year. Premium is based on contract amount. IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (Califbmia Government Code §§ 56499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements m Subdivision 8606, as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Oak Treat Court, LLC as principal and Developers Surety and Indemnity Company, a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Hundred Eighty Two Thousand,Two Hundred Fifty Five and 00/100 Dollars($182,255.00)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Ninety Two Thousand,Forty Eight and 00/100 Dollars($92,048.00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION• A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. Y B. The condition of this obligation, as to Section (2.13.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without fiuther notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on August 13, 2002 PRINCIPAL: Oak Treat Court, LLC SURETY: Developers Surety and Indemnity Company Address: P. O. Box 367 Address: 17780 Fitch, Suite 200 City: Orinda Zip: 94563 City: Irvine Zip: 92614 B3* ame: 3'Yrs r'qBy: P John F. McGuire Print Na Daley Title: Managing Member Title: Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT FCZO � f California OPTIONAL sECTION ofContra Costa CAPACrTY+CLAIMEDBYSIGNER /12/2003.before me, Tanya Chine j+�,�a. A1cs _ rrtr n},1 r ` hough statute does not require the Notary to fill in DATE ris cscso,•rANasnoa No7ARYPUBI IC' the data below,doing so may prove invaluable to personallyappeared ,john Daley persons relying on the document. INDIVIDUAL personalty known tome- CORPORATE OFFICER(S) be the personWMwse mine(is/wo- d to the within Instrument and acknowledged to me that helaheilhey executed PARTNER(S) LIMITED � same In h and that irauthorized GENERAL IANYA CHINCHILLAacitthe Instrument the person(s)or IL ATTORNEY-IN-FACT Commission# 1375153 entity upon behalf of which the person(+ TRUSTEE(S) Notary Publio - California d the instrument. GUARDIANICONSERVATOR Contra Costa County OTHER MY Corr rmn,, 16, my hand an ofHe seas, SIGNER IS REPRESENTING: (NAM of OR axe 0W) Developers Suretyand Indemnity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Tide or Type of Document B oind. #867869S TO THE DOCUMENT AT RIGHT. Number of Pages One (0I) Two sided Though the data below is not required by law,it may prove valuable Date of Document August 13, 2002 to persons relying on the document and could prevent fteuduleart Signer(s)Other Than Named Above reent of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to vpWiteprocessing of the documents. Signatures required an documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must Fe sl—pHR exkffy as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the prope must Fe Ra-El III. SIGNATURES FOR PARTNERSHIPS - S' ' party must be either a general partner or be authorized in writing to have ffie authonty to sign for and binde partnerstup. IV. SIGNATURES FOR CORPORATIONS acumen ou sign o o curs,one from each of the following two groups: GROUP 1. Mr., The Chair of the Board The President Any Vice-President GROUT'2. a The Secretary An Assistant Secretary Wc The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person si ' g the instrument to execute instruments of the type in question is required.A currently valid power of attorney,n will s ce. Notarization of only one corate signature or signatures from onlyone group,must contain the following phrase: "...and acknowledged to me-Mat such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC=W O:tti Das�2t vc\FamalwORD lOaibL91ALL Pi7ilF'US�NOTARY.duc - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT state of California OPTIONAL SECTION Cody of Contra Costa CAPACT Y CLAIMED BY SIGNER on 3/121 03 bef m tne, Tanva ,,hinchilla;_1 ta�v uh 1#r Though statute does not require the Notary to>Tll In a, JANE WS,-PWTARYPUBLIC" the data below,doing so may prove lavaluable to penonalh,eppeated John F. McGuire persons relying on the document INDIVIDUAL = poved to me on the bests of sgbbctm evidence to CORPORATE OFFICER(S) besu1the to n ' andWHEM mWpd W me thst be/aheftey executed PARTNER(S) L'IMITED TANYA CHINCHILLA ATTORNEY IN-FACT' Commission# 1375153 mem the persons)or .a, Notary Public - Coliforms + � GU,a� gRVATOR Contra Costa County X -THBR naffing Member My Ct3mm.E)0res Sep 1&2006 my hand and sial , p���}��, at.TN1R pM aING: (HUM(Wpmwm 01LErrrrYm' ) Oak Treat Courts LLC OPTIONAL SECTION TIES CMLTngCATE MUST BE ATTACM D Title or Type ofDocument Bond #867869S TO TIM AT RIGW. Number ofPsgoa One (01) Two sided Though the data below b not mquW by taw,it may prove valuable Dale of Doeament August 13, 2002 W mlying on tits docunieat and could pmvent ftaulent SWnr(s)Other Than Named Above of d&form INSTRUCTIONS TO NOTARY Tye following information is provided in an effort toprocessing of the documents. S on documents must comply with W following to be acceptable to Contra Costa C=*- 1. FOR ALL SIGNAT'tTRBS -The name and interest of the signer should be typed ar printed BENEATH the signature. The name m as it is typed or prioted.. IL SIGNATURES FOIL II+TDPMUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property Must be SUMI. M. SIGNNATURBS FOR PARTNEJ(SHIPS - S party must be either a general partner or be audlorized in writing to have S- W. SIGNATURES FOR CORPORATIC7NS ocum sWw vy two o cexs,one from each of the following two groups: GROUP 1. Ma 'Zhe Chair of the Board The Presidat Any Vice-President GROUP 2. a no Secretary An S ecretarY c The ChiefFinanciat omcer The Assistant Treasurer If signatures of officers firom each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing thes' the Instrument to execute instruments of the type in question.is required.A currently valid power of attorney,notarized,will ce. Notarization of only one corporate signature or s' from one p,must contain the following plsrasa: " and acl mowledged to ma such 'on executed the, ' ant pursuant to its by-laws or a resolution of its Board of n.�av� � woac Poio�suu. IVOI'AAY.doe POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attomey; RESOLVED,FURTHER.that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and tiny such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'"day of January,2002. C ipn.ulYgpa By: �)��� �. •( AND iyp • % ?ANY David H.Rhodes,Executive Vice President r`gJ;.•Ot�tPt)Rgto;s �a R q C, rr tie s Z �L VO P 9 © '� 9 0 z`W OCT. F cii i OCT.5 O .06 19 S 6 f 19&7 B '�>� u'cs 2 Walter A.Crowell. Secretary ............... 2•' gl/Ft7��� 7t STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On January 8,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.#1300303 ' Notary Public-California ORANGE COUNTY Signature My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 13THday of August 2002 , B LA � y David C,.Lane,Chief Operating Officer ID-1380(01102) . 3/94/03 ALLIANCE$42 8606 Tax o 5 Court Street William IlCounty Treasurer-Tax 2Collector Finance Building,Room 100 ��� P.O.Box 631Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX County Tax Operations Supervisor Date: 3/24/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2808) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# City T.R.A. 8606 WALNUT CREEK 98010 Parcel#: 172-012-024-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2404 tax lien, which became a lien on the first day of January, 2003 is $32,400.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the.original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas er-Tax oil r By: r� us 0 z Z z m 0 m m c K N CD -� m M L r° ► N ti 73 Vi � z n m !� 0 lb CA ca rl L C" a �G INSCO INSURANCE SERVICES, INC. PM OnlLUnciarv+rHtin9 Manaysr for: Developers Surety and Indemnity Company Indemnity Company of California 17780 P=itch,Suite 204•Irvine,California 92614•(949)263-3300 SUBDIVISION TAX BOND BOND NO.: 868506S $ 648.00 premium is for a term of ONE(01) ear(s) KNOW ALL MEN BY THESE PRESENTS: THAT we, OAK TREAT COURT,LLC ,as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY ,a corporation organized and doing business under and by virtue of the laws of the State of IOWA and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto CONTRA COSTA COUNTY as Obligee,in the sum of THIRTY TWO THOUSAND FOUR HUNDRED AND N01100- -- ----� 92,400.00--- 1 Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above bounden Principal is the owner of that tract of land situated in WALNUT CREEK,CALIFORNIA County,California,and described as follows: J TRACT/MS#8806, PARCEL#. 172-012-024-3 DATE: BOND RIMEWED AND APPROVZD OONTRA COSTA COUNTY TRIIIA COLLECTOR BY :28,..,.., NOW THEREFORE,if the said Principal shall pay,or cause to be paid,when due,all taxes,and all special assessments collected like taxes,for the year 2002-2003 ,which at the time of filing said map,are a lien against such subdivision, or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at WALNUT CREEK ,California,this 24TH day of MARCH , 2003 YEAR OAK TREAT COURT,LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Princi Sumty JO D EY Attoenry_m-Pact 1D-1208--(-CA)-(REV.1101) STAT'OF Califomis SS. COUNTY OF Contra Costa On MARCH 24' 2003 before me, Tanya Chinchilla,Notary Public PERSONA.LLYAPPEARED John Daley personalty known to me( )to be the person( whose name(4 is/ocsubscribed to the within instrument and acknowledged to me that he/3hmkkW executed the same in hist ,lip° authorized capacit)(i=k and that by h1vbwNjdr signature(4i on the.instrument the person(,or the entity upon behalf TANYA CHINCHILLA of which the person( acted,executed the instrument. Commission# 1375153 Notary Public - California WIT7VESS my hand and official sealz Contra Costa County My Comm.E)0Ues Sep 18.20()6 Signature This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND NUMBER: 8685065 TITLE OF TYPE OF DOCUMENT PARTNER(S) ❑ LIMITED ❑ GENERAL ONE (01) ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: - MARCH 24, 2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: N"OF rt(a)OR ENirn" DEVELOPERS SURETY AND INDEMNITY COMPANY N/A SIGNERS OTHER THAN NAMED ABOVE IO-1232(REV.W01) ALL-PURPOSE ACKNOWLEDGEMENT - POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of suid Attorney(s)-in-Fart,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship. and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED;FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8ih day of January.2002. ,.,....AND...,, By: s�t'f •tN©. Q P AN Y O David H.Rhodes,Executive Vice President OjtPOII��,F�,�.�� QCsRpOq C `ag OCT. -CS W i0 .0 Z - OCT.5 0 Q. . 1936 A 1967 By Walter A.Crowell. Secretary •+�'.,Y7�%•••!O,yW 0, A,;r O"ft/pp�t,�� �~ .. •�4spu.n....aaa�� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On January R,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Waiter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersnns need.executed the instnrment. WITNESS my hand and official seal. V ANTONIO ALVARADO COMM.#i 300303 Notary Public-CaNtamla ?00494ORANGE COUNTY Signature Y My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 24TH day of MARCH 2003 By David G.Lance,Chief Operating Officer ID-1380(01102) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofon 05 On �Xayw )�CO3 before me, j Dal Name and TIME of of ice(s.g. ,W*Doe,Notary ) personally appearedSTC)ht , ti ` r - , Name(a)of 8*-(*) ❑personally known to me 5T proved to me on the basis of satisfactory evidence LVA. — to be the person,whose nameW(Bere- f LISA A.DAtZIEI subscribed to the withi instrument and 419Commission# 1377110 acknowledged to meAa(h-0eha4hey executed Notary Public - Caitfomia the same inis hat4thai+t uthorixed Contra Costa County v capacity, and that by i MyC..onYn.E SSep2&2006 signature on the instrument the persorA,or the entity upon behalf ofwhich the person acted, executed the instrument. WI N SS my han a►t cia!s 1., e � gnature of Notary Pubo OPTIONAL Though the Information below Is not requimd by taw,It may prove valuable to persons ralying on rife document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of tri here ❑ Corporate Officer--Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O IN99 NaMonal Notary AmdaMwr•9980 De gob Aw.,P.O.Sm 2402•Civbworth,CA 91313-2402•www.naftWr4ftrV.org Prod.No.6907 Awrder,CaN fill-Fred 1-e0047648W